- 11 U.S.C.
Combs-Skinner v. Gorman (In re Premier Data Solutions Inc.)
Feb
07
2012
Ruling
Payments by debtor to former spouse while insolvent were constructively fraudulent transfers.
Procedural posture
The bankruptcy trustee for a corporate debtor filed an amended adversary complaint against defendant to recover transfers. At issue was whether plaintiff had proven all of the elements of a constructively fraudulent transfer under 11 U.S.C.S. § 548(a)(1)(B).
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In re Imler
Jan
24
2011
Ruling
Motion to reopen case five years after it was closed denied.
Procedural posture
The debtors filed a motion to reopen their Chapter 13 bankruptcy case pursuant to 11 U.S.C.S. § 350(b) nearly five years after their case was closed. A trustee objected to the motion.
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Court
:
- 11 U.S.C.
In re Southcreek Dev. LLC
Jan
06
2011
Ruling
Village could not be compelled to accept settlement of interest in property trustee proposed to sell free and clear.
Procedural posture
This matter was before the court on remand from the United States District Court for the Central District of Illinois following a judgment reversing the court's order finding that a chapter 7 trustee was entitled to sell a debtor's real estate free and clear of the obligations of an amended annexation agreement with a village because a bona fide dispute regarding the validity of the agreement existed under 11 U.S.C.S. § 363(f)(4).
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Court
:
- 11 U.S.C.
In re Robinson
Apr
14
2010
Ruling
Debtor allowed tools of the trade exemption in vehicle used for transportation to and from work that was also essential to employment.
Procedural posture
A creditor filed a motion for relief from the automatic stay to obtain possession of the chapter 7 debtors' vehicle. The chapter 7 debtors objected and also filed an amended motion to avoid the creditor's nonpossessory nonpurchase money security interest. The debtors sought to avoid the creditor's lien as an impairment to their tools of the trade exemption under 735 ILCS 5/12- 1001(d).
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Court
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In re Cochonor
Mar
29
2010
Ruling
Motion to dismiss for debtor's failure to respond to examination questions denied as highly prejudicial to debtor and not supported by trustee.
Procedural posture
An attorney named as a witness moved to quash the subpoena pursuant to Fed. R. Civ. P. 45(c)(3)(A)(ii) and 45(c)(3)(B)(iii). Some creditors filed a motion to dismiss the debtor's case, based upon the debtor's refusal to respond to their questions in his Fed. R. Bankr. P. 2004 examinations and before the court, which was due to his exercise of the U.S. Const. amend. V right to remain silent.
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Court
:
- 11 U.S.C.
Bryant v. Tidewater Fin. Co. (In re Bryant)
Mar
10
2010
Ruling
Motor vehicle creditor's attempts to collect amounts not paid by debtor under plan did not violate discharge injunction.
Procedural posture
Plaintiff, a discharged chapter 13 debtor, filed a motion for sanctions for violation of the discharge injunction, pursuant to 11 U.S.C.S. § 524, against defendant, the creditor on her motor vehicle, and for a declaration that all her obligations to that creditor were discharged in her bankruptcy proceeding. The creditor, believing that the debt under the contract had not been discharged, had commenced a civil action for the balance due.
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Court
:
- 11 U.S.C.
Eggmann v. Millwork Prods. LLC (In re Landreth Lumber Co.)
Mar
04
2010
Ruling
Avoidance of alleged preferential transfers denied pursuant to ordinary course of business exception.
Procedural posture
Trustee filed a complaint against defendant creditor to avoid and recover preferential transfers. The parties stipulated that the undisputed facts established the trustee's prima facie case under 11 U.S.C.S. § 547(b). The creditor sought to prove that the transfers fell within the exception of § 547(c)(2).
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Court
:
Miller v. Clark Retail Enters. (In re Halloway)
Feb
24
2010
Ruling
Trustee's complaint seeking to vacate state court dismissal of debtor's personal injury action dismissed as time barred.
Procedural posture
Trustee filed a complaint against defendant retailer seeking to vacate a state court judgment dismissing a debtor's personal injury lawsuit against the retailer. The retailer filed a motion to dismiss for lack of subject matter jurisdiction and for failure to state a claim for which relief could be granted. Alternatively, the retailer contended that the suit was barred by laches and by the limitation period of 11 U.S.C.S. § 108(a).
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Court
:
- 11 U.S.C.
In re Sanders
Feb
16
2010
Ruling
Creditor sanctioned for contacting debtor and repossessing motor vehicle despite actual notice of debtor's bankruptcy.
Procedural posture
A bankruptcy debtor asserted that a creditor secured by the debtor's vehicle violated the automatic bankruptcy stay by contacting the debtor and repossessing the vehicle after receiving notice of the debtor's bankruptcy. The debtor moved for sanctions against the creditor pursuant to 11 U.S.C.S. § 362(k)(1).
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Court
:
- 11 U.S.C.
Eggman v. Parker-Hannifin Corp. (In re PJM Enters. of Marion)
Jan
12
2010
Ruling
Postpetition payment of prepetition debt that was authorized by court prior to conversion from chapter 11 to chapter 7 was not avoidable.
Procedural posture
Chapter 7 trustee filed an adversary proceeding against defendant creditor, seeking a determination that a transfer a corporate debtor made to the creditor postpetition was avoidable under 11 U.S.C.S. § 549, an order under 11 U.S.C.S. § 550 which required the creditor to repay the amount it received. The parties filed cross-motions for summary judgment.
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